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Article • July 28, 2017 • from PLN August, 2017
Ethics Rule Requiring Post-conviction Disclosure of Exculpatory Evidence Adopted in North Carolina by In the wake of the exoneration of five North Carolina men, the state Supreme Court adopted a new ethics rule in March 2017 that requires any attorney who receives evidence suggesting the innocence of a convicted defendant ...
Article • July 28, 2017 • from PLN August, 2017
Filed under: Evidence
Seventh Circuit Reverses Infraction for Failure to Allow Prisoner to Present Evidence by Lonnie Burton by Lonnie Burton On April 19, 2016, a panel of the Seventh Circuit reversed the decision of an Indiana prison hearings officer who had found a state prisoner guilty of possessing heroin. The appellate court ...
Article • July 20, 2017
Seventh Circuit Reverses Prisoner's Disciplinary Conviction by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit has taken the unusual step of reversing a prison disciplinary board's finding that a prisoner was guilty of committing a prohibited act. Timothy W. Austin was a prisoner ...
Article • June 9, 2017 • from PLN June, 2017
Filed under: Evidence, Videotaping
Kentucky: Disciplinary Proceeding Reversed for Failure to Review Video Footage by Lonnie Burton by Lonnie Burton On May 20, 2016, a Kentucky Court of Appeals, in a 2-1 decision, held that a prisoner has the right, upon request, to have video surveillance footage reviewed and considered by the hearing officer ...
Article • May 5, 2017 • from PLN May, 2017
Filed under: Standard of Proof, Evidence
Kansas: Self-Defense Must be Disproved in Prison Disciplinary Proceeding by Lonnie Burton by Lonnie Burton The Kansas Supreme Court held on June 17, 2016 that prison authorities must disprove a claim of self-defense when a prisoner is charged with fighting and asserts he was merely defending himself. The ruling overturned ...
Maine DA Sued for Malicious Prosecution by “Absolute immunity” typically allows prosecutors to escape liability in the event of malicious prosecutions. Even when prosecutorial misconduct is exposed, the punishment is usually far less severe than that experienced by the victim of the state’s wrongdoing – such as spending many years ...
Kentucky Prisoners Entitled to Review of Audio Recordings at Disciplinary Hearing by A Kentucky Court of Appeals held on February 26, 2016 that prisoners have a due process right to request the review of audio recordings at a prison disciplinary hearing. Proceeding pro se, Kentucky state prisoner Sammy F. Mobley, ...
Corizon, CCA Settle Lawsuit Over Solitary Confinement of Elderly Woman by Matthew Clarke Corizon Health and for-profit prison firm Corrections Corporation of America (CCA) have settled a lawsuit over the solitary confinement of a then-70-year-old prisoner following an alleged false positive drug test caused by Zantac, a heartburn medication. Carol ...
Phoenix Fire Investigators and Insurance Company Implicated in Wrongful Prosecutions by Joe Watson Following a decision by Arizona prosecutors not to criminally charge a pair of Phoenix Fire Department (PFD) investigators who allegedly lied under oath and trained a dog to implicate innocent people, victims have pursued justice through civil ...
Widespread Failures at Crime Labs Continue to Plague Criminal Justice System by Derek Gilna Crime labs nationwide continue to face seemingly intractable problems – particularly in terms of unreliable forensic evidence testing and being influenced by law enforcement and prosecutorial bias. Despite efforts at reform, and efforts to implement technological ...
Article • November 8, 2016 • from PLN November, 2016
Pennsylvania: Former Cop Indefinitely Jailed for Failure to Supply Passwords by In March 2015, former Philadelphia police sergeant Francis Rawls, 37, was identified as a suspect in a child porno­graphy ring. As part of the investigation, Delaware County authorities confiscated several electronic devices from Rawls’ home and requested that he ...
Warrantless Jail Cell Manuscript Seizure Vacates Oregon Rape Convictions by Mark Wilson The Oregon Court of Appeals reversed an Oregon man's rape convictions, finding that prosecutors improperly seized a handwritten manuscript from his jail cell without a warrant. Kenneth Everett Moore was arrested on six counts of rape when his ...
Article • September 8, 2016
"Mere Possession" of a prison shank found sufficient for finding of "crime of violence' by Derek Gilna Jermaine Mobley was sentence to 37 months in the Eastern District of North Carolina in 2010 for possession of a prohibited object in prison as de­fined by 18 U.S.C. Section 1791(a)(2), after being ...
Michigan: Suit Against Prison Doctor for Sexual Abuse May Proceed by Lonnie Burton On June 22, 2016, United States District Court Judge Sean F. Cox of the Eastern District of Michigan issued an order adopting a magistrate's recommendation to deny a motion to dismiss filed by a prison doctor who ...
Article • September 2, 2016 • from PLN September, 2016
Wrongfully-convicted Former Prisoner Receives $13.2 Million in FBI Hair Analysis Case by Derek Gilna A 55-year-old man who was convicted based upon the now-discredited “science” of forensics hair analysis has been awarded $13.2 million by District of Columbia Superior Court Judge John M. Mott. This was just the latest in ...
Brief • September 1, 2016
Filed under: Evidence
Brown et al v. Haddock et al, FL, Plf Res in Opposition of Def Mot for Bifurcation, overlapping evidence, 2011 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION RALPH WALTER BROWN, et al., Plaintiffs, Case No.: 5:10-cv-130-RS v. HON. BOBBY HADDOCK, et al., ...
Brief • September 1, 2016
California v. North Side Oakland, CA, Appellants Opening Brief, gang affiliation proof, 2011 JULIA SHERWIN (State Bar No. 189268) MICHAEL J. HADDAD (State Bar No. 189114) GINA ALTOMARE (State Bar No. 273099) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: (510) 452-5500 Fax: (510) 452-5510 Attorneys for Defendant-Appellant ...
Brief • September 1, 2016
California v. North Side Oakland, CA, Appellants Reply Brief, gang affiliation proof, 2011 JULIA SHERWIN (State Bar No. 189268) MICHAEL J. HADDAD (State Bar No. 189114) GINA ALTOMARE (State Bar No. 273099) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: (510) 452-5500 Fax: (510) 452-5510 Attorneys for Defendant-Appellant ...
Article • August 25, 2016
Massachusetts Crime Lab Chemist Arrested for Falsifying Results by Matthew Clarke Annie Dookhan, 34, was arrested on September 28, 2012, and charged with two counts of obstruction of justice and one count of falsifying her academic record during her nine-year career as a state crime lab chemist. Each obstruction charge ...
Article • August 11, 2016
New York Police IA Records in Camera Inspection Improperly Denied by Mark Wilson The New York Supreme Court, Appellate Division reversed a lower court's denial of in camera inspection of police internal affairs records in a wrongful death action. Christine Cea and others brought a state court wrongful death action ...
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